TEXT OF PROPOSED REGULATIONS Photovoltaic modules (PV ...€¦ · 03/05/2019 · 10 (1) PV modules that are not yet wastes pursuant to chapter 11 of this division. 11 Subsection

[Photovoltaic modules (PV modules) – Universal Waste Management ] Proposed Regulation Text R-2017-04

Department of Toxic Substances Control Page 1 of 31 Revised January 8, 2019

1 TEXT OF PROPOSED REGULATIONS 2

Photovoltaic modules (PV modules) – Universal Waste Management 3 Department Reference Number: R-2017-04 4

Office of Administrative Law Notice File Number: Z-2019-0409-04 5 6

DIVISION 4.5, TITLE 22, CALIFORNIA CODE OF REGULATIONS 7 8 Legend: Amendments are shown from the existing text of the California Code of 9 Regulations, title 22, as: 10 11 12 Underline underline Additions to existing text 13 14 Strikeout strikeout Deletions to existing text 15 16 *** Existing text (not shown) continues unchanged 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46



Amend Title 22, division 4.5, chapter 10, article 2, section 66260.10 to read: 1 2 § 66260.10. Definitions. 3 4 When used in this division, the following terms have the meanings given below: 5 6 *** 7 8 “Personnel” or “facility personnel” means all persons who work, at, or oversee the 9 operations of, a hazardous waste facility, and whose actions or failure to act may result 10 in noncompliance with the requirements of this division. 11 12 “Photovoltaic cell” means a specialized semiconductor diode designed to convert solar 13 radiation into electrical energy. Photovoltaic cells are an integral part of photovoltaic 14 modules. Photovoltaic cells are also commonly referred to as solar cells. 15 16 "Photovoltaic module” means a device consisting of one or more electrically connected 17 photovoltaic cells that are protected, such as in glass, and designed to convert solar 18 radiation into electrical energy. Photovoltaic module includes any ancillary components 19 such as metal frames used to support the module, junction boxes, batteries, inverters, 20 wires, and cables that are connected to and are part of the photovoltaic module. Types 21 of photovoltaic modules include, but are not limited to, monocrystalline silicon 22 photovoltaic modules, polycrystalline silicon photovoltaic modules, amorphous silicon 23 photovoltaic modules, cadmium telluride photovoltaic modules, copper indium gallium 24 selenide photovoltaic modules, and gallium indium phosphide/gallium arsenide/gallium 25 photovoltaic modules. Photovoltaic modules are also commonly referred to as 26 photovoltaic panels or solar panels. 27 28 “Photovoltaic panel” see “photovoltaic module.” 29 30 31 32 33 “Physical parameter” means any measurable physical characteristic of a substance 34 including, but not limited to, temperature, electrical conductivity, pH and specific gravity. 35 36 *** 37 38 “Publicly owned treatment works” or “POTW” means any device or system used in the 39 treatment (including recycling and reclamation) of municipal sewage or industrial wastes 40 of a liquid nature which is owned by a “State” or “municipality” (as defined by 33 U.S.C. 41 section 1362). This definition includes sewers, pipes or other conveyances only if they 42 convey wastewater to a POTW providing treatment. 43 44 “PV cell” see “photovoltaic cell.” 45 46



“PV module” see “photovoltaic module.” 1 2 “R chart” (Range chart) means a control chart for evaluating the variability within a 3 process in terms of the subgroup range R. 4 5 “RCRA Characteristic” means the characteristic of ignitability, corrosivity, reactivity, or 6 toxicity identified in sections 66261.21, 66261.22(a)(1), 66261.22(a)(2), 66261.23, and 7 66261.24(a)(1) of this division. 8 9 10 *** 11 12 “Soil-pore liquid” means the liquid contained in openings between particles of soil in the 13 unsaturated zone. 14 15 “Solar cell” see “photovoltaic cell.” 16 17 “Solar panel” see “photovoltaic module.” 18 19 “Solid Waste Management Unit” means any unit at a hazardous waste facility from 20 which hazardous constituents might migrate, irrespective of whether the units were 21 intended for the management of wastes, including but not limited to: containers, tanks, 22 surface impoundments, waste piles, land treatment units, landfills, incinerators and 23 underground injection wells. 24 *** 25 Note: Authority cited: Sections 25141, 25150, 25158.1, 25158.4, 25159, 25159.5, 26 25187.7, 25200.10, 25204, 25214.9, 25218.3(d), 25200.21, 25245, 25259, 25316, 27 25355.5, 25356.9, 25358.9, 58004, and 58012, Health and Safety Code; Governor's 28 Reorganizational Plan #1 of 1991; and Section 42475.1, Public Resources Code. 29 Reference: Sections 25110.02, 25110.1, 25110.5, 25111, 25112, 25112.5, 25113, 30 25114, 25115, 25117, 25117.1, 25117.3, 25117.8, 25117.9, 25117.11, 25118, 25119, 31 25120, 25121, 25121.5, 25122.7, 25123, 25123.3, 25123.5, 25123.6, 25141, 25150, 32 25158.2, 25159, 25159.5, 25187.7, 25200.10, 25201.6, 25204, 25214.9, 25218.1(f), 33 25218.3, 25200.1, 25229, 25245, 25259, 25316, 25354(b), 25355.5, 25355.6, 25356.9, 34 25358.1, 25358.9, 25359.8, 25361, 25501, 25529, and 58012, Health and Safety Code; 35 and 40 CFR Sections 260.10, 261.1, 262.21, 264.551, 264.1031, 268.2, 270.2, and 36 273.6. 37 38 39 40 41 42 43 44 45 46



Amend Title 22, division 4.5, chapter 11, article 1, section 66261.9 to read: 1 2 §66261.9. Requirements for Universal Waste. 3 4 (a) The hazardous wastes listed in this section are exempt from the management 5 requirements of chapter 6.5 of division 20 of the Health and Safety Code and its 6 implementing regulations except as specified in chapter 23 and, therefore, are not fully 7 regulated as hazardous wastes. The wastes listed in this section are subject to 8 regulation pursuant to chapter 23 and shall be known as “universal wastes.” 9

(1) Batteries, as described in section 66273.2, subsection (a); 10 (2) Electronic devices, as described in section 66273.3, subsection (a); 11 (3) Mercury-containing equipment, as described in section 66273.4, subsection (a); 12 (4) Lamps, as described in section 66273.5, subsection (a) (including, but not limited 13 to, M003 wastes); 14 (5) Cathode ray tubes, as described in section 66273.6, subsection (a); 15 (6) Cathode ray tube glass, as described in section 66273.7, subsection (a); and 16 (7) Aerosol cans, as specified in Health and Safety Code section 25201.16.; and 17 (8) Photovoltaic modules, as described in section 66273.7.1, subsection (a). 18

(b) Unless specified otherwise in section 66273.60, universal wastes shall be managed 19 as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this 20 division upon arrival at a destination facility. 21 22 23 Note: Authority cited: Sections 25141, 25150, 25150.6, 25201, 25214.9, 25214.10.1, 24 25219.1, 25259, and 58012, Health and Safety Code; and Section 42475.2, Public 25 Resources Code. Reference: Sections 25117.2, 25141, 25150, 25159.5, 25180-25196, 26 25214.5, 25214.9, 25219, 25219.1, and 25219.2, and 25259, Health and Safety Code; 27 40 CFR Section 261.9. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46



Amend Title 22, division 4.5, chapter 23, article 1, section 66273.1 to read: 1 2 §66273.1. Scope. 3 4 (a) This chapter establishes requirements for managing universal wastes, as defined in 5 section 66273.9. The following universal wastes are subject to regulation pursuant to 6 this chapter: 7

(1) Batteries, as described in section 66273.2, subsection (a); 8 (2) Electronic devices, as described in section 66273.3, subsection (a); 9 (3) Mercury-containing equipment, as described in section 66273.4, 10 subsection (a); 11 (4) Lamps, as described in section 66273.5, subsection (a) (including, but not 12 limited to, M003 wastes); 13 (5) Cathode ray tubes, as described in section 66273.6, subsection (a); 14 (6) Cathode ray tube glass, as described in section 66273.7, subsection (a); and 15 (7) Aerosol cans, as specified in Health and Safety Code section 25201.16.; and 16 (8) Photovoltaic modules, as described in section 66273.7.1, subsection (a). 17

(b) This chapter provides an alternative set of management standards in lieu of 18 regulation as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 19 22 of this division. The alternative management standards of articles 1 through 3 of this 20 chapter do not apply to destination facilities, as defined in section 66273.9, except as 21 otherwise specified in section 66273.60, subsections (b) or (c). 22 23 24 NOTE: Authority cited: Sections 25141, 25150, 25150.6, 25201, 25214.9, 25219.1, 25 and25259, and 58012, Health and Safety Code; and Section 42475, Public Resources 26 Code. Reference: Sections 25141, 25150, 25159.5, 25201, 25212, 25214.6, 25214.9, 27 25219, 25219.1, and 25219.2, and 25259, Health and Safety Code; 40 CFR Section 28 273.1. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46



Add Title 22, division 4.5, chapter 23, article 1, section 66273.7.1 to read: 1 2 §66273.7.1. Applicability — PV modules. 3 4 (a) PV modules covered pursuant to chapter 23. 5

The requirements of this chapter apply to PV modules, as defined in section 6 66273.9, except PV modules listed in subsection (b) of this section. 7

(b) PV modules not covered pursuant to chapter 23. The requirements of this chapter 8 do not apply to the following PV modules: 9 (1) PV modules that are not yet wastes pursuant to chapter 11 of this division. 10 Subsection (c) of this section describes when PV modules become wastes; 11 (2) PV modules that do not exhibit a characteristic of a hazardous waste as set forth 12 in article 3 of chapter 11 and that are not otherwise identified as hazardous waste 13 pursuant to chapter 11 of this division; 14 (3) PV modules that exhibit any characteristic of a hazardous waste other than the 15 characteristic of toxicity. Such PV modules shall be managed as hazardous wastes 16 pursuant to chapters 10 through 16, 18, and 20 through 22 of this division; 17 (4) PV modules that are destined for recycling (or are recycled) by being “used in a 18 manner constituting disposal,” as described in section 66266.20. Such PV modules 19 shall be managed as hazardous waste pursuant to chapters 10 through 16, 18, and 20 20 through 22 of this division; 21 (5) Except as otherwise provided in section 66273.72 of this chapter, PV modules 22 that are destined for disposal at a permitted hazardous waste disposal facility. Such 23 PV modules shall be managed as hazardous wastes pursuant to chapters 10 24 through 16, 18, and 20 through 22 of this division; 25 (6) PV modules that are managed as hazardous wastes pursuant to chapters 10 26 through 16, 18, and 20 through 22 of this division; 27 (7) PV modules that were previously identified as waste pursuant to chapter 11, but 28 are no longer identified as a waste (e.g., discarded PV modules that are refurbished 29 and are returned to service); and 30 (8) PV modules that are integrated into the structure of electronic devices (e.g., 31 calculators). 32

(c) Generation of waste PV modules. 33 (1) A used PV module becomes a waste on the date it is discarded. 34 (2) Unused PV modules. 35

(A) An unused PV module that is not a retrograde material becomes a waste on 36 the date it is discarded (e.g., when stored while destined for reclamation); or 37 (B) An unused PV module that is a retrograde material becomes a waste on the 38 date that it becomes a recyclable material pursuant to subsection (e) of the 39 definition of “recyclable materials” in section 66260.10. 40

(d) A respondent in an action to enforce regulations in this division who claims that a PV 41 module is not a waste bears the burden of demonstrating that there is a known 42 market or disposition for its use as a PV module. 43

44 NOTE: Authority cited: Sections 25141, 25150, 25214.6, 25159, and 58012, Health and 45 Safety Code. Reference: Sections 25141, 25150, and 25259, Health and Safety Code. 46

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Amend Title 22, division 4.5, chapter 23, article 1, section 66273.9 to read: 1 2 § 66273.9. Definitions. 3 4 When used in this chapter, the terms listed in this section have the meaning given 5 below. Unless otherwise specified, listed terms that cross-reference the definitions of 6 other terms refer to the definitions set forth in this section for those other terms. Terms 7 that are also defined in chapter 10 of this division are duplicated here solely for 8 convenience of the regulated community. Terms used in this chapter that are not 9 defined in this section but are defined in chapter 10 of this division, and/or chapter 6.5 of 10 division 20 of the Health and Safety Code have the meanings given in those sources. 11 12 *** 13 14 “Onsite” means the same or geographically contiguous property which may be divided 15 by public or private right-of-way, provided that the entrance and exit between the 16 properties is at a cross-roads intersection, and access is by crossing as opposed to 17 going along the right-of-way. Non-contiguous properties owned by the same person but 18 connected by a right-of-way which the person controls and to which the public does not 19 have access, are also considered onsite property. 20 21 “Photovoltaic cell” means a specialized semiconductor diode designed to convert solar 22 radiation into electrical energy. Photovoltaic cells are an integral part of PV modules. 23 Photovoltaic cells are also commonly referred to as solar cells. 24 25 "Photovoltaic module” means a device consisting of one or more electrically connected 26 photovoltaic cells that are protected, such as in glass, and designed to convert solar 27 ratiation into electrical energy. Photovoltaic module includes any ancillary components 28 such as metal frames used to support the module, junction boxes, batteries, inverters, 29 wires, and cables that are connected to and are part of the photovoltaic module. Types 30 of photovoltaic modules include, but are not limited to, monocrystalline silicon 31 photovoltaic modules, polycrystalline silicon photovoltaic modules, amorphous silicon 32 photovoltaic modules, cadmium telluride photovoltaic modules, copper indium gallium 33 selenide photovoltaic modules, and gallium indium phosphide/gallium arsenide/gallium 34 photovoltaic modules. Photovoltaic modules are also commonly referred to as 35 photovoltaic panels or solar panels. 36 37 “Photovoltaic panel” see “photovoltaic module.” 38 39 40 “Pressure or vacuum gauge” means any device in which pressure or vacuum is 41 measured using the height of a column of liquid mercury. “Pressure or vacuum gauge” 42 includes, but is not limited to, barometers, manometers, and sphygmomanometers. 43 44 “Producer” see “Generator.” 45 46



“PV cell” see “photovoltaic cell.” 1 2 “PV module” see “photovoltaic module.” 3 4 *** 5 6 “Scrap metal” means (a) any one or more of the following, except as provided in 7 subsection (b) of this section: 8 9 “Solar cell” see “photovoltaic cell.” 10 11 “Solar panel” see “photovoltaic module.” 12 13 “Thermometer” means any thermometer that uses the expansion and contraction of a 14 column of mercury to measure temperature. 15 16 *** 17 18 Note: Authority cited: Sections 25141, 25141.5, 25150, 25214.6, 25150.6, 25201, 19 25214.9, 25219.1, 25259, and 58012, Health and Safety Code; and Section 42475, 20 Public Resources Code. Reference: Sections 25141, 25141.5, 25150, 25159.5, 25201, 21 25212, 25214.6, 25214.9, 25219, 25219.1, and 25219.2, and 25259, Health and Safety 22 Code; 40 CFR Sections 261.4, 261.5 and 273.9. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46

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Amend Title 22, division 4.5, chapter 23, article 3, section 66273.31 to read: 1 2 §66273.31. Prohibitions. 3 4 A universal waste handler is: 5 6 (a) Prohibited from disposing of universal waste [however, a universal waste handler 7 may send or take batteries, thermostats, mercury-added novelties containing no liquid 8 mercury, and mercury-containing rubber flooring, and PV modules that are universal 9 wastes to a destination facility for disposal]; and 10 11 (b) Prohibited from diluting or treating universal waste, except by responding to releases 12 as provided in section 66273.37, or by managing specific wastes as provided in 13 sections 66273.33, and 66273.33.5., and 66273.33.6. 14 15 Note: Authority cited: Sections 25141, 25150, 25219.1, 25259, and 58012, Health and 16 Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1, 17 and25219.2, and 25259, Health and Safety Code; 40 CFR Section 273.31. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46



Amend Title 22, division 4.5, chapter 23, article 3, section 66273.32 to read: 1 2 § 66273.32. USEPA Notification, Department Notification, and Reporting 3 Requirements for Universal Waste Handlers. 4 5 (a) USEPA notification requirements. 6 7 *** 8 9 (c) Department notification requirements for universal waste handlers of electronic 10 devices, CRTs, and CRT glass. 11

(1) Any universal waste handler who might accept and accumulate, but not treat, any 12 electronic device, CRT, and/or CRT glass from an offsite source shall submit to the 13 Department at the address given in subsection (e) or (f) (g) or (h) of this section, an 14 electronic or written notification containing the information specified in subsection 15 (c)(2) of this section no later than 30 calendar days prior to accepting any electronic 16 device, CRT and/or CRT glass. 17 18

*** 19 (d) Annual reporting requirements for universal waste handlers of electronic devices, 20 CRTs, and CRT glass. 21

(1) A universal waste handler that accepts more than 100 kilograms (or 220 pounds) 22 of electronic devices, CRTs, and CRT glass calculated collectively, from any offsite 23 sources in a calendar year shall, by February 1 of the following year, submit to the 24 Department at the address given in subsection (e) or (f) (g) or (h) of this section, an 25 electronic or written annual report containing the information specified in subsection 26 (d)(3) of this section. The information submitted pursuant to this subsection (d)(1) 27 shall cover the electronic-device-handling, CRT-handling, and CRT-glass-handling 28 activities conducted during the previous calendar year. 29 (2) A universal waste handler that generates 5,000 kilograms (or 11,000 pounds; 30 e.g., about 200 CRTs) or more of electronic devices, CRTs, and CRT glass 31 calculated collectively, in a calendar year shall, by February 1 of the following year, 32 submit to the Department at the address given in subsection (e) or (f) (g) or (h) of 33 this section, an electronic or written annual report containing the information 34 specified in subsection (d)(3) of this section.The information submitted pursuarnt to 35 this subsection (d)(2) shall: 36 37 *** 38

39 (e) Department notification requirements for universal waste handlers of PV modules. 40

(1) Any universal waste handler who might accept and accumulate, but not treat, any 41 PV modules from an offsite source shall submit to the Department, at the address 42 given in subsection (h) of this section, a written notification containing the 43 information specified in subsection (e)(2) of this section no later than 30 calendar 44 days prior to accepting any PV modules. 45



(2) This notification shall include: 1 (A) Name of the universal waste handler (If the facility owner is different than the 2 facility operator, also include the owner's name); 3 (B) ID Number of the universal waste handler, if applicable; 4 (C) Telephone number of the universal waste handler; 5 (D) Mailing address of the universal waste handler, and physical address, 6 including county, if different from the mailing address; 7 (E) Name of the contact person at the universal waste handler's site who should 8 be contacted regarding universal waste management activities; 9 (F) Telephone number of the contact person; 10 (G) An email address for the contact person or organization, if available; 11 (H) The types of PV modules expected to be handled; 12 (I) The sources of the PV modules (i.e., residential collections, business asset 13 recovery, other collectors, etc.); and 14 (J) A statement indicating whether the universal waste handler might accumulate 15 5,000 kilograms or more of universal waste at one time. 16

(3) Notifications made pursuant to this subsection shall be made for each location at 17 which the universal waste handler accepts or accumulates PV modules from an 18 offsite source. 19

(f) Annual reporting requirements for universal waste handlers of PV modules. 20 (1) A universal waste handler that accepts more than 100 kilograms (or 220 pounds) 21 of PV modules from any offsite sources in a calendar year shall, by February 1 of the 22 following year, submit to the Department, at the address given in subsection (h) of 23 this section, a written annual report containing the information specified in 24 subsection (f)(3) of this section. The information submitted pursuant to this 25 subsection shall cover the PV module-handling activities conducted during the 26 previous calendar year. 27 (2) A universal waste handler that generates 5,000 kilograms (or 11,000 pounds) or 28 more of PV modules in a calendar year shall, by February 1 of the following year, 29 submit to the Department, at the address given in subsection (h) of this section, a 30 written annual report containing the information specified in subsection (f)(3) of this 31 section. The information submitted pursuant to this subsection shall identify the PV 32 module-handling activities conducted during the previous calendar year; and 33 (3) This annual report shall include: 34

(A) Name of the universal waste handler (if the facility owner is different than the 35 facility operator, also include the owner's name); 36 (B) ID Number of the universal waste handler, if applicable; 37 (C) Telephone number of the universal waste handler; 38 (D) Mailing address of the universal waste handler, and physical address 39 (including county) if different from the mailing address; 40 (E) Name of the contact person at the universal waste handler's site who should 41 be contacted regarding universal waste management activities; 42 (F) Telephone number of the contact person; 43 (G) An email address for the contact person or organization, if available; 44 (H) The types of PV modules handled; 45



(I) The quantities of PV modules handled, which include any quantities handled 1 but not shipped during the previous calendar year; 2 (J) A list consisting of: 3 1. The name, address, and telephone number for each of the locations to which 4 the universal waste handler shipped PV modules during the previous calendar 5 year; 6 2. The quantity of PV modules shipped to each of those locations during the 7 previous calendar year; and 8 3. A description of how each of those locations intended to manage the PV 9 modules, including whether the PV modules were to be recycled or disposed of. 10

(e) (g)(1) Electronic submissions. If submitted electronically through the Department's 11 universal waste web-based reporting system, Department notifications and annual 12 reports required pursuant to subsections (c) and (d) of this section shall be addressed to 13 the Department at http://www.dtsc.ca.gov. 14

(2) A person that has provided written submissions of any of the Department 15 notifications and annual reports required pursuant to subsections (c) or (d) of this 16 section is not required to submit the same information electronically. 17 (3) If the Department's universal waste web-based reporting system is not available 18 or cannot accommodate electronic submissions for any of the Department 19 notifications and annual reports required pursuant to subsections (c) or (d) of this 20 section, the handler shall provide written submissions in accordance with subsection 21 (h). 22

(f) (h)(1) Written submissions. If submitted in writing, Department notifications and 23 annual reports required pursuant to subsections (c) and (d) or (e) and (f) of this section 24 shall be sent to the Department by certified mail, return receipt requested, at the 25 following address: Department of Toxic Substances Control, Universal Waste 26 Notification and Reporting Staff, P.O. Box 806, Sacramento, CA 95812-0806, with the 27 words “Attention: Universal Waste Handling Activities” prominently displayed on the 28 front of the envelope. 29

(2) A person that has provided electronic submissions of any of the Department 30 notifications and annual reports required pursuant to subsections (c), (d), (e), or (f) of 31 this section through the Department's universal waste web-based reporting system 32 in accordance with subsection (g) of this section is not required to submit the same 33 information in writing. 34

35 36 Note: Authority cited: Sections 25141, 25150, 25201, 25214.9, 25219.1, 25259, and 37 58012, Health and Safety Code; and Section 42475, Public Resources Code. 38 Reference: Sections 25141, 25150, 25159.5, 25201, 25214.9, 25219, 25219.1, and 39 25219.2, and 25259, Health and Safety Code; and 40 CFR Section 273.32. 40 41 42 43 44

http://www.dtsc.ca.gov/



Add Title 22, division 4.5, chapter 23, article 3, section 66273.33.6 to read: 1 2 § 66273.33.6 Universal Waste Management Requirements for PV Modules. 3 4 The requirements of this section apply only to universal waste handlers of PV modules. 5 (a) A universal waste handler of PV modules shall: 6

(1) Comply with the applicable requirements of sections 66273.30 through 66273.32 7 and sections 66273.34 through 66273.39 of this article with respect to the 8 management of PV modules; and 9 (2) Manage PV modules in a way that prevents releases of any constituent of a PV 10 module to the environment under reasonably foreseeable conditions, as follows: 11

(A) A universal waste handler shall contain any PV module in a manner that 12 prevents breakage and release of any constituent of a PV module to the 13 environment. If a container or package is used, such a container or package shall 14 prevent breakage, leakage, spillage, or damage that could cause leakage under 15 reasonably foreseeable conditions. 16 (B) Intact PV modules that are managed in a manner that prevents breakage of 17 the PV modules and release of constituents of the PV modules to the 18 environment under reasonably foreseeable conditions shall be deemed to comply 19 with subsection (a)(2)(A) of this section. 20

(3) A universal waste handler shall immediately clean up and place in a container 21 any PV module or constituent of the PV module if that PV module is accidentally or 22 unintentionally broken. The container shall be structurally sound, compatible with the 23 PV modules and their constituents, and shall prevent releases of constituents of the 24 PV modules to the environment under reasonably foreseeable conditions. 25

(b) Except as otherwise provided in subsection (c) of this section, a universal waste 26 handler of PV modules shall comply with the applicable requirements of article 7 of this 27 chapter in addition to the requirements of subsection (a) of this section with respect to 28 the PV modules. 29 (c) A universal waste handler of PV modules shall be exempt from the requirements of 30 article 7 of this chapter with respect to the PV modules if the universal waste handler: 31

(1) Manages only PV modules that are intact (except for the occasional PV module 32 that is accidentally or unintentionally broken and that is managed according to the 33 applicable provisions of this chapter); 34 (2) Ensures that the intact PV modules remain intact (except for the occasional PV 35 module that is accidentally or unintentionally broken and that is managed according 36 to the applicable provisions of this chapter) throughout the entire time they are in the 37 universal waste handler's custody; and 38 (3) Complies with the requirements of section (a)(1) of this section. 39

40 Note: Authority cited: Sections 25141, 25150, 25201,25259, and 58012, Health and 41 Safety Code. Reference: Sections 25141, 25150, 25201, and 25259, Health and Safety 42 Code. 43 44 45 46



Amend Title 22, division 4.5, chapter 23, article 3, section 66273.34 to read: 1 2 § 66273.34. Labeling/Marking. 3 4 Except as otherwise provided in subsection (g)(h) of this section, a universal waste 5 handler shall label or mark universal waste to identify the type of universal waste as 6 specified in subsections (a) through (f)(g) of this section. 7 8 *** 9 10 (f) A container of CRT glass shall be labeled or marked clearly with the following 11 phrase: “Universal Waste-CRT glass”. 12 (g) Each PV module, or each container holding PV modules, shall be labeled or marked 13 clearly with the following phrase: "Universal Waste-PV module(s)". 14 (g) (h) In lieu of labeling individual electronic devices, CRTs, PV modules, and/or 15 containers of CRT glass pursuant to subsections (d) through (f)(g) of this section, a 16 universal waste handler may combine, package, and accumulate those universal 17 wastes in appropriate containers or within a designated area demarcated by boundaries 18 that are clearly labeled with the applicable portion(s) of the following phrase: “Universal 19 Waste-Electronic Device(s)/Universal Waste-CRT(s)/Universal Waste-CRT 20 Glass/Universal Waste-PV module(s)”. 21 22 23 24 Note: Authority cited: Sections 25141, 25150, 25201, 25214.6, 25214.9, 25219.1, 25 25259, and 58012, Health and Safety Code; and Section 42475, Public Resources 26 Code. Reference: Sections 25141, 25150, 25159.5, 25201, 25212, 25214.6, 25214.9, 27 25219.1, and 25219.2, and 25259, Health and Safety Code; 40 CFR Section 273.34. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46



Amend Title 22, division 4.5, chapter 23, article 3, section 66273.39 to read: 1 2 § 66273.39. Tracking Universal Waste Shipments. 3 4 (a) Receipt of shipments. A universal waste handler shall keep a record of each 5 shipment of universal waste received at the universal waste handler's facility. The 6 record may take the form of a log, invoice, manifest, bill of lading, or other shipping 7 document. The record for each shipment of universal waste received shall include the 8 following information: 9

(1) The name and address of the originating universal waste handler from which the 10 universal waste was sent; 11 (2) The quantity [count or weight, consistent with, for example, section 66273.32, 12 subsection (d)] of each type of universal waste received (e.g., batteries, thermostats, 13 lamps, electronic devices, CRTs, CRT glass, PV modules); and 14 (3) The date of receipt of the shipment of universal waste. 15 16

*** 17 18 (c) Shipments offsite. A universal waste handler shall keep a record of each shipment of 19 universal waste sent from the universal waste handler's facility to another facility. The 20 record may take the form of a log, invoice, manifest, bill of lading or other shipping 21 document. The record for each shipment of universal waste sent shall include the 22 following information: 23

(1) The name and address of the universal waste handler or destination facility to 24 which the universal waste was sent; 25 (2) The quantity [count or weight, consistent with, for example, section 66273.32, 26 subsection (d)] of each type of universal waste sent (e.g., batteries, thermostats, 27 lamps, electronic devices, CRTs, CRT glass, PV modules); and 28 (3) The date of departure of the shipment of universal waste. 29

30 *** 31 32 Note: Authority cited: Sections 25141, 25150, 25150.6, 25219.1, 25219.2, 25259, and 33 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 34 25219.1, and 25219.2, and 25259, Health and Safety Code; 40 CFR Section 273.39. 35 36 37 38 39 40 41 42 43 44 45 46



Amend Title 22, division 4.5, chapter 23, article 5, section 66273.51 to read: 1 2 Article 5. Standards for Universal Waste Transporters 3 4 § 66273.51. Prohibitions. 5 6 A universal waste transporter is: 7 (a) Prohibited from disposing of universal waste; 8 (b) Prohibited from diluting or treating universal waste, except as a consequence of 9 responding to a release as provided in section 66273.54; 10 (c) Prohibited from transporting more than five CRTs at any one time unless the CRTs 11 are contained as described in section 66273.33.5, subsection (b)(1)(B); and 12 (d) Prohibited from transporting more than 100 kilograms or 220 pounds of electronic 13 devices at any one time unless the electronic devices are contained as described in 14 section 66273.33.5, subsection (a)(1)(B).; and 15 (e) Prohibited from transporting more than 100 kilograms (220 pounds) of PV modules 16 at any one time unless the PV modules are contained as described in section 17 66273.33.6, subsection (a)(2). 18 19 20 Note: Authority cited: Sections 25141, 25150, 25150.6, 25201, 25214.9, 25219.1, 21 25259, and 58012, Health and Safety Code; and Section 42475, Public Resources 22 Code. Reference: Sections 25141, 25150, 25159.5, 25201, 25214.9, 25219, 25219.1, 23 25219.2, and 25259, Health and Safety Code; and 40 CFR Section 273.51. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46



Amend Title 22, division 4.5, chapter 23, article 7, section 66273.70 to read: 1 2 Article 7. Authorization Requirements for Universal Waste Handlers Who Treat 3 Universal Wastes 4 5 § 66273.70. Applicability. 6 7 (a) Except as otherwise provided in subsections (b), (c), and (d) of this section, a 8 universal waste handler, who treats universal waste, is subject to all applicable 9 requirements of chapters 14, 15, 16, 18, 20, and 22 of this division with respect to the 10 treatment of that universal waste. 11 (b) Except as otherwise provided in subsection (d) of this section, a universal waste 12 handler who manages a universal waste and its integral components, or the 13 components specified below that the handler has removed from the universal waste, for 14 purposes of recycling it or its component(s) or for the purpose of disposing CRTs, or 15 CRT glass, or PV modules by performing one or more activities listed in one or more of 16 the three categories given in subsection (c) of this section, shall be deemed authorized 17 by the Department to conduct those activities, provided the universal waste handler 18 complies with the applicable requirements of this article in addition to the applicable 19 requirements of subsection (c) of section 66273.33, and to the applicable requirements 20 of subsections (a)(1), (b)(1), and (c)(1) of section 66273.33.5, the applicable 21 requirements of subsection (a)(1) of section 66273.33.6, and to the applicable 22 requirements of article 8 of this chapter. The authorization created by this subsection 23 shall not be deemed to be any of the following: 24

(1) A permit-by-rule; 25 (2) A conditional authorization; or 26 (3) A conditional exemption. 27

(c) Activities eligible for authorization pursuant to subsection (b) of this section are any 28 of the following: 29

(1) Removal activities. Removing user-replaceable components from electronic 30 devices or PV modules as specified in section 66273.71. 31 (2) Disassembling/draining activities. 32

(A) Removing CRTs from electronic devices, as specified in section 66273.72, 33 subsection (b); 34 (B) Dismantling electronic devices that are not CRT devices and/or removing 35 yokes from CRTs, as specified in section 66273.72, subsection (c); 36 (C) Removing mercury ampules and/or mercury switches from mercury-37 containing equipment, as specified in section 66273.72, subsection (d); and/or 38 (D) Draining liquid mercury from pressure or vacuum gauges, as specified in 39 section 66273.72, subsection (e).; and/or 40 (E) Dismantling PV modules, as specified in section 66273.72, subsection (f). 41

(3) Treatment activities. 42 (A) Treating electronic devices and/or residual printed circuit boards, as specified 43 in section 66273.73, subsection (a); and/or 44



(B) Treating CRTs and/or CRT glass, as specified in section 66273.73, 1 subsection (b).; and/or 2 (C) Treating PV modules as specified in 66273.73, subsection (d). 3

4 Note: Authority cited: Sections 25141, 25141.5, 25150, 25201, 25214.6, 25214.9, 5 26219.1, 25259, and 58012, Health and Safety Code; and Section 42475, Public 6 Resources Code. Reference: Sections 25141, 25141.5, 25150, 25159.5, 25201, 25212, 7 25214.6, 25214.9, 25219, 25219.1, and 25219.2, and 25259, Health and Safety Code. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46



Amend Title 22, division 4.5, chapter 23, article 7, section 66273.71 to read: 1 2 § 66273.71. Authorization for Removal Activities. 3 4 (a) Removing user-replaceable components. 5 A universal waste handler, who conducts the activities identified in subsections (b) and 6 (c) of this section on electronic devices or PV modules, shall be deemed authorized by 7 the Department to perform these activities, and is exempt from the requirements of 8 sections 66273.74 through 66273.77, provided the universal waste handler complies 9 with the requirements specified in subsections (b) through (g) of this section. 10 (b) A universal waste handler shall remove only those discrete assemblies, such as 11 batteries or ink cartridges from electronic devices, or batteries or inverters from PV 12 modules, which are typically removed for replacement during the normal operation of an 13 electronic device or PV module. 14 (c) A universal waste handler shall conduct the removal of the discrete assemblies in 15 the manner that is prescribed in the operating manual for the electronic device or PV 16 module, or in a manner that would otherwise reasonably be employed during the normal 17 operation of the electronic device or PV module. 18 19 *** 20 21 Note: Authority cited: Sections 25141, 25150, 25201, 25214.9, 25219.1, 25259, and 22 58012, Health and Safety Code; and Section 42475, Public Resources Code. 23 Reference: Sections 25141, 25150, 25159.5, 25201, 25212, 25214.9, 25219, 25219.1, 24 and 25219.2, and 25259, Health and Safety Code. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46

47



Amend Title 22, division 4.5, chapter 23, article 7, section 66273.72 to read: 1 2 § 66273.72. Authorization for Disassembling/Draining Activities. 3 4 (a)(1) Universal waste handlers shall not conduct any activity pursuant to this section if 5 the activity involves the use or application of: 6

(A) Chemicals, including water; and/or 7 (B) External heat. 8

(2) A universal waste handler shall perform a hazardous waste determination 9 pursuant to section 66262.11 for all residuals resulting from the activities authorized 10 by subsections (c) or (f) of this section, and shall: 11

(A) Be deemed the generator of all residuals that are hazardous waste. 12 (B) For all residuals that are hazardous wastes, comply with all the applicable 13 requirements of chapters 12, 14, 15, 16, 18, 20, 22 and 23 of this division and the 14 applicable notification requirements in Health and Safety Code section 25153.6, 15 except as otherwise provided in subsections (a)(3), (a)(4), (a)(6) or (a)(7) of this 16 section. 17

18 *** 19 20 (f) Dismantling PV modules. A universal waste handler who conducts any of the 21 activities identified in subsection (f)(1) of this section shall be deemed authorized by the 22 Department to do so, provided the universal waste handler complies with the 23 requirements in this subsection. 24

(1) The universal waste handler who dismantles, removes, or otherwise manually 25 segregates, components (e.g., glass panels, metal frames used to support the 26 module, junction boxes, inverters, wires and cables) of a PV module, but does not 27 break the PV module glass. 28 (2) The universal waste handler shall: 29

(A) Comply with the notification, annual reporting, and recordkeeping requirements 30 specified in section 66273.74, subsections (a)(4) and/or (a)(5), (b)(3), and (c)(3); 31 (B) Ensure that all segregated or removed components resulting from the activities 32 authorized by subsection (f)(1) of this section that meet the definition of scrap 33 metal in section 66273.9 are recycled; and 34 (C) Except as provided in subsection (f)(3) of this section, treat the PV modules 35 pursuant to section 66273.73 or send or take PV modules to another universal 36 waste handler for treatment pursuant to section 66273.73; and 37 (D) Conduct the activities in a manner that protects persons managing the PV 38 modules, and that prevents releases of any universal wastes and/or any 39 constituents of the PV modules to the environment under reasonably foreseeable 40 conditions, as follows: 41

1. Dismantle PV modules over or in a designated area (e.g., a concrete surface) 42 sufficient in size and construction to contain any materials from being released to 43 the environment under reasonably foreseeable conditions, and provided the 44



universal waste handler conducts such activities in a manner that prevents 1 breakage of the PV modules. 2 2. Contain any hazardous residuals produced from dismantling PV modules in a 3 manner that prevents releases of the residuals to the environment under 4 reasonably foreseeable conditions. 5 3. Immediately clean up and place in a container any PV module that is 6 accidentally or unintentionally broken and that may reasonably be expected to 7 cause a release to the environment under reasonably foreseeable conditions. 8 Such a container shall be structurally sound, be compatible with the contents of 9 the PV module, and prevent releases to the environment under reasonably 10 foreseeable conditions. 11 4. Ensure that persons performing the activities are thoroughly familiar with the 12 hazards associated with such treatment, have access to the proper procedures 13 and protective equipment necessary to conduct the treatment safely, use such 14 protective equipment if required by any applicable health and safety 15 requirements, and comply with the requirements of this section. 16 5. Ensure that the facility is operated in compliance with all applicable health and 17 safety laws and regulations [e.g., Cal. Code Regs., tit. 8, ch. 4 (Division of 18 Industrial Safety) subch. 7 (General Industry Safety Orders), group 16 (Control of 19 Hazardous Substances), art. 107 (Dusts, Fumes, Mists, Vapors, and Gases), and 20 art. 109 (Hazardous Substances and Processes), and sec. 5198 (Lead)]. 21 6. Ensure that the facility maintains aisle spacing in compliance with applicable 22 fire safety code standards in California. 23

(3) A universal waste handler who does not conduct further treatment on PV modules 24 pursuant to section 66273.73 or send or take PV modules to another universal waste 25 handler for treatment pursuant to section 66273.73 shall: 26

(A) Ensure that the PV modules are recycled or disposed of as required by this 27 section. 28 (B) For disposal at a permitted hazardous waste disposal facility: 29 1. Be deemed the generator of hazardous waste PV modules; 30 2. Manage the PV modules as hazardous waste in accordance with all applicable 31 requirements of chapters 12 through 16, 18, 20, and 22 of this division; and 32 3. Notify the Department in accordance with 66273.74 (a)(5). 33

34 35

36 Note: Authority cited: Sections 25141, 25141.5, 25143.2, 25150, 25173, 25201, 37 25214.6, 25214.9, 25219.1, 25259, and 58012, Health and Safety Code; and Section 38 42475, Public Resources Code. Reference: Sections 25141, 25141.5, 25150, 25159.5, 39 25173, 25201, 25212, 25214.6, 25214.9, 25219, 25219.1, and 25219.2, and 25259, 40 Health and Safety Code. 41 42 43 44 45



Amend Title 22, division 4.5, chapter 23, article 7, section 66273.73 to read: 1 2 § 66273.73. Authorization for Treatment (Processing) Activities 3 4 (a) Treatment of electronic devices. 5

6 *** 7 8 (d) Treatment of PV Modules. 9 A universal waste handler described in subsection (d)(1) of this section shall be deemed 10 authorized by the Department to conduct the activities identified in subsection (d)(2) of 11 this section, provided the universal waste handler complies with the requirements 12 specified in subsections (d)(2) and (d)(3) of this section. 13

(1) The universal waste handler treats PV modules by intentionally breaking the PV 14 modules (e.g., glass). 15 (2) The universal waste handler treats PV modules by: conducting activities other 16 than, or in addition to, the removal activities authorized in section 66273.71 and the 17 dismantling activities authorized by section 66273.72, subsection (f); and using only 18 one or more of the methods allowed pursuant to subsection (e) of this section. 19 (3) The universal waste handler complies with all of the following requirements in 20 addition to the requirements of section 66273.33.6, subsection(a): 21

(A) The notification, annual reporting, and recordkeeping requirements specified 22 in section 66273.74; 23 (B) The standards specified in section 66273.75; 24 (C) The closure plan and financial requirements specified in section 66273.76; 25 and 26 (D) When applicable, the closure requirements specified in section 66273.77. 27

(e) PV module treatment methods allowed. 28 (1) Except as otherwise provided in subsection (e)(2) of this section, one or more of 29 the following treatment methods is eligible for authorization pursuant to this section, 30 if performed by a universal waste handler described in subsection (d) of this section: 31

(A) Physical treatment that changes only the physical properties of PV modules, 32 such as cutting, sawing, breaking, shredding, crushing, grinding, screening, 33 sieving, or compacting; 34 (B) Physical separation based on differences in physical properties such as size, 35 color, density, or ferromagnetism (e.g., screening to separate different 36 components based on differences in their sizes); 37

(2) Any treatment activity identified in subsection (e)(1) of this section is not eligible 38 for authorization pursuant to this article, but is instead subject to all applicable 39 requirements of chapters 14, 15, 16, 18, 20, and 22 of this division, if the treatment 40 activity involves: 41

(A) The use or application of chemicals, including water. 42 (B) The use or application of external heat. 43



(3) For disposal of PV modules at a permitted hazardous waste disposal facility, the 1 universal waste handler shall be deemed the generator of hazardous waste PV 2 modules, and shall: 3

(A) Manage the PV modules as hazardous waste in accordance with all 4 applicable requirements of chapters 12 through 16, 18, 20, and 22 of this 5 division; and 6 (B) Notify the Department in accordance with section 66273.74(a)(5). 7 8

(d)(f)(1) Notwithstanding subsections (a)(1)(B), (a)(2)(B) and (b)(2) of this section, the 9 authorizations provided in this section shall not be required for a handler who recycles 10 scrap metal, including printed circuit boards produced by an authorized handler. 11

(2) As used in this subsection, “printed circuit boards produced by an authorized 12 handler” means residual printed circuit boards that a handler has: 13

(A) derived from electronic devices by completing treatment authorized under this 14 article, 15 (B) containerized and labeled pursuant to section 66273.75, subsection (b), and 16 (C) subsequent to the authorized treatment, determined to be exempt scrap 17 metal pursuant to section 66273.71, subsection (e), section 66273.72, subsection 18 (a)(3), or section 66273.75, subsection (c)(1)(C). 19

20 21 Note: Authority cited: Sections 25141, 25141.5, 25143.2.5, 25150, 25201, 25214.9, 22 25219.1, 25259, and 58012, Health and Safety Code; and Section 42475, Public 23 Resources Code. Reference: Sections 25141, 25141.5, 25143.2, 25150, 25159.5, 24 25201, 25212, 25214.9, , 25219, 25219.1, and 25219.2, and 25259, Health and Safety 25 Code. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46



Amend Title 22, division 4.5, chapter 23, article 7, section 66273.74 to read: 1 2 § 66273.74. Notification, Annual Reporting, and Recordkeeping. 3 4 (a) Notification. 5 6 *** 7

(4) Universal waste handlers of PV modules. 8 A universal waste handler who intends to treat PV modules pursuant to this article 9 shall submit to the Department at the address provided in subsection (f) of this 10 section, a written notification containing the following information no later than 30 11 calendar days prior to treating any PV modules: 12

(A) Name of the universal waste handler (If the facility owner is different than the 13 facility operator, also include the owner's name.); 14 (B) ID Number of the universal waste handler, if applicable; 15 (C) Telephone number of the universal waste handler; 16 (D) Mailing address of universal waste handler, and physical address, including 17 county, if different from the mailing address; 18 (E) Name of the contact person at the universal waste handler's site who 19 shouldbe contacted regarding universal waste management activities; 20 (F) Telephone number of the contact person; 21 (G) An e-mail address for the contact person or organization, if available; 22 (H) A description of the authorized treatment method(s) used to treat PV 23 modules; and 24 (I) A description of how treated PV modules will be recycled and/or disposed of. 25

(5) A universal waste handler who makes a determination to dispose of PV modules 26 pursuant to subsection (f)(3)(B) of section 66273.72 or subsection (e)(3) of section 27 66273.73 of this chapter, shall submit to the Department, at the address provided in 28 subsection (f) of this section, a written notification containing the following 29 information no later than 15 calendar days after determining that the PV modules 30 are destined for disposal: 31

(A) The ID number for the universal waste handler’s facility where the PV module 32 was generated; 33 (B) A description of the authorized treatment method(s) used to generate the PV 34 modules to be disposed of; and 35 (C) The name, address, and ID number of the hazardous waste disposal facility 36 where the PV modules will be disposed of. 37

(b) Annual reporting. 38 39 *** 40

(3) Universal waste handlers of PV modules 41 Except as otherwise provided in section 66273.71, a universal waste handler who 42 treated any PV module pursuant to this article in a calendar year shall, by February 43 1 of the following year, submit to the Department at the address provided in 44 subsection (f) of this section, a written annual report containing the following: 45



(A) Name of the universal waste handler (if the facility owner is different than the 1 facility operator, also include the owner's name); 2 (B) Telephone number of the universal waste handler; 3 (C) Mailing address of the universal waste handler, and physical address, 4 including county, if different from the mailing address; 5 (D) Name of the contact person at the universal waste handler's site who should 6 be contacted regarding universal waste management activities; 7 (E) Telephone number of the contact person; 8 (F) An e-mail address for the contact person or organization, if available; 9 (G) Facility ID Number, if issued; 10 (H) Number of days the facility operated; 11 (I) A description of the authorized treatment method(s) used to treat PV modules; 12 and 13 (J) The total quantity (count or weight) of PV modules treated during the previous 14 calendar year. 15 (K) A list consisting of: 16

1. The name, address, and telephone number for each of the locations to which 17 the universal waste handler shipped PV modules. 18 2. The total number (count or weight) of PV modules shipped to that location 19 during the previous calendar year, including in this case a declaration of 20 whether that location is a glass manufacturer, a reclamation facility, or a 21 destination facility. 22

(L) A universal waste handler who utilizes a mass-based inventory system to 23 quantify PV modules and PV module residuals must provide an appropriate 24 conversion factor to convert mass data to count data. 25 26 *** 27

28 (c) Recordkeeping. 29

(1)(A) Universal waste handlers of electronic devices and/or CRTs. 30 Except as otherwise provided in sections 66273.71 and 66273.72, a universal waste 31 handler who treats any electronic device and/or CRT pursuant to this article shall 32 maintain on file at the universal waste handler's facility, the following documents as 33 specified: 34

*** 35 (3) Universal waste handlers of PV modules. 36 (A) The universal waste handler who treats any PV modules pursuant to this article 37 shall maintain on file at the universal waste handler's facility the following documents 38 as specified: 39

1. A copy of the notification submitted to the Department as required by 40 subsection (a)(5) of this section; 41 2. A copy of the most recent annual report submitted to the Department as 42 required by subsection (b) of this section, beginning no later than February 1 of 43 the year following the most recent calendar year during which the universal 44



waste handler treated any PV modules at the universal waste handler's facility 1 pursuant to this article; and 2 3. A current copy of any local air district permit and/or other relevant permit(s) 3 required for the facility, beginning no later than the date on which the local air 4 district and/or other relevant permitting authority required the universal waste 5 handler to possess such a permit. 6

(B) The universal waste handler shall make available the relevant documents 7 identified in subsection (c)(3)(A)1 through (c)(3)(A)3 of this section at the universal 8 waste handler's facility upon request, to any representative of the Department, U.S. 9 EPA, or a local governmental agency having jurisdiction over the facility. 10 (C) The universal waste handler shall either deliver in person or send to the 11 Department by certified mail, return receipt requested, a copy of any relevant 12 document identified in subsection (c)(3)(A)3 of this section upon receipt of a written 13 request from the Department. The Department shall specify in its written request all 14 of the following: the identities of the documents for which copies are required; the 15 place where those copies shall be delivered or sent; and the date by which those 16 copies shall be submitted. 17

18 *** 19 (e)(1) If submitted electronically, notifications and annual reports required pursuant to 20 subsections (a) and (b) of this section shall be addressed to the Department at 21 http://www.dtsc.ca.gov. For electronic notifications and annual reports made pursuant to 22 this section, the universal waste handler signature required by subsection (d) of this 23 section shall be submitted to the address provided in subsection (f) of this section. 24

(2) A person that has provided written submissions of any of the Department 25 notifications and annual reports required pursuant to subsections (a) and (b) of this 26 section is not required to submit the same information electronically. 27 (3) If the Department's universal waste web-based reporting system is not available 28 or cannot accommodate electronic submissions for any of the Department 29 notifications and annual reports required pursuant to subsections (a) and (b) of this 30 section the handler shall provide written submissions in accordance with subsection 31 (f). 32

(f)(1) If submitted in writing, notifications and annual reports required pursuant to 33 subsections (a) and (b) of this section shall be sent to the Department by certified mail, 34 return receipt requested, at the following address: Department of Toxic Substances 35 Control, Universal Waste Notification and Reporting Staff, P.O. Box 806, Sacramento, 36 CA 95812-0806, with the words “Attention: Universal Waste Handling Activities” 37 prominently displayed on the front of the envelope. 38

(2) A person that has provided electronic submissions of any of the Department 39 notifications and annual reports required pursuant to subsections (a) and (b) of this 40 section through the Department's universal waste web-based reporting system in 41 accordance with subsection (e) of this section is not required to submit the same 42 information in writing. 43

44 45



Note: Authority cited: Sections 25141, 25141.5, 25150, 25201, 25214.6, 25214.9, 1 26219.1, 25259, and 58012, Health and Safety Code; and Section 42475, Public 2 Resources Code. Reference: Sections 25141, 25141.5, 25150, 25159.5, 25179.6, 3 25201, 25212, 25214.6, 25214.9, 25219, 25219.1, and 25219.2, and 25259, Health and 4 Safety Code. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46



Amend Title 22, division 4.5, chapter 23, article 7, section 66273.74 to read: 1 2 § 66273.75. Treatment (Processing) Standards. 3 4 A universal waste handler who treats electronic devices, residual printed circuit boards, 5 and/or CRTs, and/or PV modules pursuant to section 66273.73 shall comply with the 6 following standards: 7 8 (a) Treatment. 9 The universal waste handler shall: 10

(1) Utilize only treatment methods identified in section 66273.73, subsection (c) for 11 electronic devices, residual printed circuit boards, and/or CRTs, or treatment 12 methods identified in section 66273.73, subsection (e) for PV modules; 13 (2) Ensure that all mercury-containing lamps, PCB capacitors, and other 14 components containing fluids (i.e., liquids or gases) that would be identified as 15 hazardous wastes, are removed prior to treatment methods that may release the 16 fluids such as cutting, sawing, breaking, shredding, crushing, grinding, screening, 17 sieving, acceleration, or compacting; 18 19 20

*** 21 22 (10) Not accept for treatment, any electronic devices or , PV modules, or CRTs that 23 are managed, or that are required to be managed, as hazardous wastes pursuant to 24 chapters 10 through 16, 18, 20 and 22 of this division, unless authorized to do so 25 pursuant to a hazardous waste facility permit or other authorization granted by the 26 Department pursuant to those chapters. 27

(b) Containment of residuals. 28 (1) The universal waste handler shall manage all residuals produced from treating 29 electronic devices, residual printed circuit boards, PV modules, and/or CRTs, in a 30 manner that prevents a release to the environment of any universal waste or any 31 component or constituent thereof, as follows: 32 (2) Contain any residuals that are produced from treating electronic devices, residual 33 printed circuit boards, PV modules, and/or CRTs, in a manner that prevents releases 34 of hazardous residuals to the environment under reasonably foreseeable conditions. 35 (3) Clean up and immediately place in a container any electronic device, residual 36 printed circuit board, PV module, and/or CRT that is accidentally or unintentionally 37 broken and that might reasonably be expected to cause a release to the 38 environment under reasonably foreseeable conditions. Such containers shall be 39 structurally sound, be compatible with the contents of the electronic devices, residual 40 printed circuit boards, PV modules, and/or CRTs, and prevent releases under 41 reasonably foreseeable conditions. 42

43 *** 44 45 46



(d) Worker safety. 1 (1) A universal waste handler, who treats electronic devices, residual printed circuit 2 boards, PV modules, and/or CRTs, shall be thoroughly familiar with the hazards 3 associated with such treatment, have access to the proper procedures and 4 protective equipment necessary to conduct the treatment safely, use such protective 5 equipment if required by any applicable health and safety requirements, and comply 6 with the requirements of this section; 7 (2) A universal waste handler, who treats electronic devices, residual printed circuit 8 boards, PV modules, and/or CRTs, shall ensure that the universal waste handler's 9 facility is operated in compliance with all applicable health and safety laws and 10 regulations [e.g., Cal. Code Regs., tit. 8, ch. 4 (Division of Industrial Safety), subch. 11 7 (General Industry Safety Orders), group 16 (Control of Hazardous Substances), 12 art. 107 (Dusts, Fumes, Mists, Vapors and MistsGases), and art. 109 (Hazardous 13 Substances and Processes), and sec. 5198 (Lead)]. 14

(e) Zoning. 15 (1) A universal waste handler, who treats electronic devices, residual printed circuit 16 boards, PV modules, and/or CRTs using any of the methods allowed pursuant to this 17 section, shall ensure that such treatment is consistent with local zoning requirements 18 and land use patterns applicable to the universal waste handler's facility. 19 20 21

*** 22 23 24 Note: Authority cited: Sections 25141, 25141.5, , 25150, 25201, 25214.9, 25219.1, 25 25259, and 58012, Health and Safety Code; and Section 42475, Public Resources 26 Code. Reference: Sections 25141, 25141.5, 25150, 25159.5, 25173, 25201, 25212, 27 25214.9, 25219, 25219.1, and 25219.2, and 25259, Health and Safety Code; Sections 28 42479, Public Resources Code. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45



Amend Title 22, division 4.5, chapter 23, article 7, section 66273.76 to read: 1 2 § 66273.76. Closure Plan and Financial Requirements. 3 4 (a) Except as otherwise provided in subsections (a)(4) and (b)(5) of this section, and in 5 addition to the universal waste handler notification required pursuant to section 6 66273.74, subsection (a), a universal waste handler who intends to conduct one or 7 more of the treatment activities described in section 66273.73, subsections (a)(2), and 8 (b), and (d), shall submit the information specified in subsections (a)(1) through (d) of 9 this section to the Department in the manner and at the address given in subsections 10 (e) and (f) of this section, no later than 30 calendar days prior to initially conducting 11 those treatment activities: 12

13 *** 14

(1) Closure plan 15 16

*** 17 18

(4) Universal waste handlers who notify the Department pursuant to section 19 66273.74, subsection (a), of their intent to conduct one or more of the treatment 20 activities described in section 66273.73, subsections (a)(2), and (b), and (d) on or 21 before [OAL to insert effective date of these regulations] shall submit the closure 22 plan required by subsection (a)(1) of this section when they submit the notificationon 23 or before December 31, 2008. 24

25 *** 26

27 (b)(1) Cost estimate for closure. 28

29 *** 30

(5) Notwithstanding subsection (b)(2) of this section, universal waste handlers who 31 notify the Department pursuant to section 66273.74, subsection (a), of their intent to 32 conduct one or more of the treatment activities described in section 66273.73, 33 subsections (a)(2), and (b), and (d), on or before [OAL to insert the effective date of 34 these regulations], shall submit a revised cost estimate for closure as required by 35 this subsection when they submit the notification on or before December 31, 2008. 36

37 *** 38 39 Note: Authority cited: Sections 25141, 25150, 25201, 25214.9, 25219.1, 25259, and 40 58012, Health and Safety Code; and Section 42475, Public Resources Code. 41 Reference: Sections 25141, 25150, 25159.5, 25201, 25212, 25214.9, 25219, 25219.1, 42 and 25219.2, and 25259, Health and Safety Code. 43 44 45 46



Amend Title 22, division 4.5, chapter 23, article 7, section 66273.77 to read: 1 2 § 66273.77. Closure of Universal Waste Treatment Facilities. 3 4 (a) Closure notification. 5 A universal waste handler who intends to close a universal waste treatment facility or 6 any universal waste treatment unit, including universal waste units that also treat 7 residual printed circuit boards that have been determined to be exempt scrap metal 8 pursuant to section 66273.71, subsection (e), section 66273.72, subsection (a)(3), or 9 section 66273.75, subsection (c)(1)(C), and who conducts any of the treatment activities 10 described in section 66273.73, subsection (a)(2),or (b), or (d), shall: 11

(1) Submit to the Department in the manner and at the address given in subsections 12 (c) and (d) of this section, a notification containing the following information: 13

(A) The date of the last day on which the universal waste handler intends to 14 conduct the treatment activities specified in section 66273.73, subsection (a)(2), 15 or (b), or (d); 16 (B) The date of the last day on which the universal waste handler intends to 17 conduct handling activities other than the treatment activities specified in section 18 66273.73, subsection (a)(2), or (b), or (d) at the facility, if applicable; and 19 (C) The date the universal waste handler intends to complete the closure 20 activities described in the handler's closure plan and/or, if applicable, vacate the 21 facility. 22

23 *** 24 25 Note: Authority cited: Sections 25141, 25150, 25201, 25214.9, 25219.1, 25259, and 26 58012, Health and Safety Code; and Section 42475, Public Resources Code. 27 Reference: Sections 25141, 25150, 25159.5, 25201, 25212, 25214.9, 25219, 25219.1, 28 and 25219.2, and 25259, Health and Safety Code. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46

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TEXT OF PROPOSED REGULATIONS Photovoltaic modules (PV ...€¦ · 03/05/2019 · 10 (1) PV modules that are not yet wastes pursuant to chapter 11 of this division. 11 Subsection